POLAND Law and Practice Contributed by: Magdalena Zwolińska, Aleksander Płaza, Sylwia Miros and Karolina Rogatko, HRLS Zwolińska & Zwoliński
• trade union membership; • ethnic origin; • religious convictions; • sexual orientation; and
since become a permanent feature of judicial practice and are now widely used in employment litigation.
9. Dispute Resolution 9.1 Litigation Labour Courts
• the fact of being employed for a definite or an indefinite period, or on a full-time or part-time basis. It is assumed that the list of grounds for discrimina - tion is open-ended. In practice, this means that an employer may discriminate on grounds not listed in the Labour Code if they treat an employee unequally by taking into account a particularly harmful and unac - ceptable criterion. Claims A person against whom an employer has violated the principle of equal treatment in employment is enti - tled to compensation in an amount not lower than the minimum wage. Claims may be brought not only by employees but also by persons who have been refused employment or whose employment relation - ship has been terminated – ie, persons who have not acquired or have lost their employee status. Burden of Proof In cases where an allegation of discrimination is raised, the general rule is changed, and the burden of proof is reversed. As a result, an employer may dismiss an allegation of discrimination if they can demonstrate that they were guided by objective and justified con - siderations when making certain decisions – ie, that the decision, criterion or action they applied is not prohibited by law, and that the purpose of differentiat - ing between employees and job applicants is based on criteria accepted by law. 8.3 Digitalisation The level of digitalisation of Polish courts is low; more - over, Polish law does not contain specific provisions dedicated solely to the digitalisation of employment disputes. Instead, the general rules applicable to vir - tual proceedings in other branches of law also govern labour cases. In response to the challenges posed by the COVID-19 pandemic, Polish courts implemented the option of holding hearings remotely, including wit - ness testimonies via video link. Although initially intro - duced as a temporary solution, remote hearings have
In Poland, there are specialised employment forums known as labour courts ( sądy pracy ) that handle employment-related disputes. These labour courts are part of the ordinary court system but have dedi - cated labour law departments. They address indi - vidual claims such as unfair dismissal, overdue wage disputes, working conditions, discrimination, mobbing and workplace accidents. Cases typically start in the district labour court and can be appealed to higher courts, including the regional labour court and, in limited cases, the Supreme Court. Class Actions Poland does not have a widely developed system for employment-related class actions, as found in some other jurisdictions. Employment disputes are mainly resolved through individual claims at labour courts. The available legal framework emphasises individual employee claims rather than collective class action lawsuits. Representation In both first and second-instance proceedings in employment-related cases, parties have the option to represent themselves. Employees may also be repre - sented by individuals such as trade union officials and labour inspectors. However, this type of representa - tion is rarely used in practice. In most cases, both employees and employers choose to be represented by legal professionals, advocates or attorneys-at- law. Legal representation becomes mandatory only in cassation proceedings ( skarga kasacyjna ) before the Supreme Court. 9.2 Alternative Dispute Resolution Arbitration While arbitration is legally possible, it is less common than labour court proceedings for individual employ - ment claims. Arbitration is more frequently utilised
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